Establishes the offenses of promoting and possessing a sex offense against a child

13 Co-sponsors

• Tony Avella
• John J. Bonacic
• John A. DeFrancisco
• Rich Funke
• Patrick M. Gallivan
• Martin J. Golden
• Andrew J. Lanza
• William J. Larkin Jr.
• Thomas F. O'Mara
• Robert Ortt
• Michael H. Ranzenhofer
• Patty Ritchie
• Susan Serino

Title of bill

An act to amend the penal law, in relation to establishing the offenses of promoting and possessing a sex offense against a child

Purpose

Section 1: Amends paragraphs (a) and (b) of subdivision 1 of section 70.02 of the Penal Law to create the new crimes of promoting and possessing a sex offense with a child. Additionally, it directly addresses the solicitation and/or participation in such acts via a computer network (i.e. the internet, Instant message, e-mail, blog, etc.). Section 2: Amends section 263.00 of the Penal Law by adding a new subdivision 10. Section 3: Amends the Penal Law to add two new sections, 263.35 Promoting a Sex Offense Against a Child and 263.40 Possessing a Sex Offense Against a Child. Section 4 sets forth the effective date.

Summary of provisions

State Penal Law is amended to establish the new crime of promoting a sex offense against a child as a Class B violent felony and possessing a sex offense against a child as a Class C violent felony.

Justification

Without question, the proliferation of modern technology has enhanced our lives in countless ways. Unfortunately, child predators are also using modern technology to promote their sexual crimes against children. In cyberspace, child predators are not limited by the traditional boundaries of time and geography. The Internet has provided these predators with a worldwide forum where like-minded pedophiles have formed online communities which openly discuss and provide mutual support for their perverted philosophies and activities.

Computer Networks and the internet also supply child predators with the tools they need to promote their criminal activities in the form of anonymity, ease of accessibility and real time communication with other persons of the pedophile community. Emboldened by this sense of community and support, child predators have become more impudent and explicit in their exploitation of children. This was seen recently in Jamestown, NY, where a 55-year-old man performed sexual acts with a 9-year-old female and broadcast it live over the Internet. While the predator was having sex with the child, Internet viewers sent instant messages, offering suggestions of abuse.

This legislation seeks to remove the cloak of security pedophiles have found within the Internet. By creating these new crimes and directly addressing the solicitation and/or participation in such heinous acts by other Internet users (i.e. Instant message, e-mail, blog, etc.), this bill accurately reflects the full scope of injury inflicted by these Internet crimes against children.

Legislative history

2015: S.3212 Passed Senate 2013, 2014: S.2620 Referred to Codes 2011,2012: S.746-B Passed Senate 2009,2010: S.3411 Referred to Codes 2007,2008: S.3245/A.8745 Passed Senate 2005,2006: S.5685-A Passed Senate

Fiscal implications

None.

Effective date

The first of November next succeeding the date on which it shall have become a law, provided that if chapter 368 of the laws of 2015 shall not have taken effect prior to such effective date, then the amendments to paragraph (a) of subdivision 1 of section 70.02, made by section one of this act, shall take effect on the same date and in the same manner as chapter 368 of the laws of 2015 takes effect.